Sumit Chandra & Anr. vs State & Anr.
2019 Latest Caselaw 5994 Del

$~50
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision:26.11.2019

+      CRL.M.C. 6009/2019 & CRL.M.A. 41135/2019 (stay)
       SUMIT CHANDRA & ANR.                                ..... Petitioners
                          Through       Mr. Vishal Kumar, Adv. with
                                        petitioners in person

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State
                                        SI Kuldeep, PS Palam Village
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 41134/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.6009/2019

3. Vide the present petition, the petitioners seek quashing of FIR

No.334/2018 dated 19.09.2018 registered at Police Station Palam Village

and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State and the respondent

no.2, who is present in person in the Court. With the consent of the parties,

the present petition is taken up for final disposal.

6. The petitioner no.1 and respondent no.2 got married on 26.05.2017 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately from

19.12.2017.

7. The petitioners and respondent no.2 have entered into an amicable

settlement vide Compromise Deed dated 20.08.2019 and have settled all

their disputes amicably.

8. The complainant is present in person with her counsel and has been

identified by SI Kuldeep of Police Station Palam Village and submits that

matter has been settled and she does not wish to prosecute the matter any

further.

9. Taking into account the aforesaid facts, this Court is inclined to quash

the concerned FIR as no useful purpose would be served in prosecuting the

petitioners any further.

10. For the reasons afore-recorded, the FIR No.334/2018 dated

19.09.2018 registered at Police Station Palam Village and consequent

proceedings arising therefrom are quashed.

11. Though the complainant has agreed to get the aforementioned FIR

quashed, but she has apprehension that the petitioner might interfere in her

matrimonial life, which she is going to start further.

12. I hereby make it clear that if the petitioners make any hanky-panky in

the life of the complainant, she is at liberty to get the aforementioned FIR

revived.

13. The petition is allowed accordingly.

14. Order dasti

15. Pending application stands disposed of.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 26, 2019 sm